QUESTION
Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)
Asked on Nov 15th, 2018 on Immigration - Ohio
More details to this question:
Really need a help to back my wife and Kid to US. Me(on H1B) and My wife(was on H4) had very clean record. My wife got caught on a Shoplifting charges from one of the retail store for a theft of items below 50 USD from Ohio state.We hired the criminal defense attorney for her and she attended the first court date on Aug but then court date got moved to October for next hearing (court didnt allowed her for diversion program / dismissal).Just few days before the next court date on October, Her father got expired in her home country and had to travel back to home country with our Kid.She now got with a bench warrant and case is closed(as she couldnt able to attend the next).I have filed my H1B extension to my company and waiting for results expecting on Jan 2019 (Since my family was left, only filed for my extension through my employer). Can we file the family's H4's (wife and kid) extension after i get my extended approved petition? How much are the chances or the steps to get their H4?
1 ANSWER
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Alan Lee & Arthur Lee, Attorneys at Law
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As your wife and children are overseas, you cannot file an extension for them with USCIS. They would have to be back in the US under H-4 status for you to do so. Otherwise you would have to wait until your H-1B is approved and they would have to interview overseas at the US consulate or embassy for new visas to return to the States. in that event, a consular officer will look at the criminal issue in deciding whether to issue your wife a new visa. She would have to explain her entire situation to the consular officer. Given the circumstances and the amount involved in the shoplifting charge, the consular officer would likely give her another visa. She should bring all the paperwork of the criminal case with her to the consulate if that is the way that it turns out. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 14th, 2018 at 7:09 PM